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Case No. ADJ3024498

Regular

Jul 02, 2015

GERMAN ACOSTA vs. AIMEE ANAYA, ALLSTATE INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for reconsideration in the case of *Acosta v. Anaya*. This decision was made after an initial review of the record indicated a need for further study of the factual and legal issues. The WCAB granted reconsideration to ensure a complete understanding and to issue a just decision, ordering all related communications to be filed directly with the Commissioners. Pending the decision after reconsideration, any proposed settlements must be promptly communicated to the WCAB.

GERMAN ACOSTAAIMEE ANAYAALLSTATE INSURANCE COMPANYSPECIALTY RISK SERVICESADJ3024498VNO 0558053PETITION FOR RECONSIDERATIONOPINION AND ORDERWORKERS' COMPENSATION APPEALS BOARDDEIDRA E. LOWE

References

Case No. ADJ3024498 (VNO 0558053)

Regular

Jul 17, 2015

GERMAN ACOSTA vs. AIMEE ANAYA, ALLSTATE INSURANCE COMPANY

This case concerns a worker's compensation applicant's repeated attempts to relitigate the issue of his employer's identity after it was already adjudicated. The Workers' Compensation Appeals Board (WCAB) denied a second petition for reconsideration, finding it frivolous and a successive filing. The Board affirmed the WCJ's decision denying the claim and upholding sanctions against the applicant's representatives for wasting judicial resources. The concurring opinion further details the evidence supporting the WCJ's finding that the applicant failed to prove employment by either party under relevant Labor Code sections.

Petition for ReconsiderationWCJsanctionsfrivolous conductre-litigationsuccessive petitionwrit of reviewlabor code section 3352(h)employee presumptionindependent contractor

References

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GERMAN ACOSTA vs. AIMEE ANAYA, ALLSTATE INSURANCE COMPANY

GERMAN ACOSTAAIMEE ANAYAALLSTATE INSURANCE COMPANYSPECIALTY RISK SERVICESADJ3024498VNO 0558053PETITION FOR RECONSIDERATIONOPINION AND ORDERWORKERS' COMPENSATION APPEALS BOARDDEIDRA E. LOWE

GERMAN ACOSTA vs. AIMEE ANAYA, ALLSTATE INSURANCE COMPANY

Petition for ReconsiderationWCJsanctionsfrivolous conductre-litigationsuccessive petitionwrit of reviewlabor code section 3352(h)employee presumptionindependent contractor